When asked by investigators if former Penn State assistant coach Mike McQueary had reported witnessing Jerry Sandusky raping a young child in team facilities, former Penn State University athletic director Tim Curley said no. However, former Penn State coach Joe Paterno admitted that he had a discussion with McQueary about what he saw, so Curley and former PSU vice president Gary Schultz, who also replied, “Huh? Wha? No way, dude,” were charged with perjury and failure to report a crime.

Now the attorney for Schultz is asking for those charges to be dismissed, since Paterno has since passed and he never gave his actual sworn testimony. I’d like to act shocked and appalled, but I assume this is just the tip of the convenience iceberg.

Paterno’s recollection and testimony about a conversation with former assistant coach Mike McQueary would have been the corroboration required by law for prosecutors to prove that the 57-year-old Curley lied to the grand jury when he said McQueary did not tell him that he had witnessed anything about Sandusky that needed to be reported to police, Roberto argued. (Via The Patriot News)

The prosecutors were going to ask Paterno for his testimony back in November, but they were told that he was too sick. So they waited, waited waited… and now they’re left with an unofficial testimony that is never going to stand up and McQueary’s word, and Pennsylvania law doesn’t allow perjury charges to be determined by just one man’s word against another.

Obviously, this news just further proves that Paterno’s legacy will continued to be defined by what he might have known, while the people implicated in the entire Sandusky ordeal use JoePa’s passing as their bullet-proof vest.